QUESTION 1

1. The tort of "Defamation" and the tort of "Public Disclosure of Private Facts":

both involve a defendant who has said untrue things about the plaintiff.

were both claims that the wrestler Hulk Hogan brought against a website when it published an embarrassing video of him.

are similar in that they both involve a situation in which a plaintiff can seek damages for harm caused by the defendant to the plaintiff's reputation.

are both relatively new torts that were developed by courts across the country in specific response to the embarrassing articles and videos published by tabloid magazines and web sites.

QUESTION 2

1. Which of the following is NOT an accurate statement?

The 4th Amendment to the Constitution protects citizens from unwarranted government intrusion.

In general, the 4th Amendment does not protect citizens from private companies.

Employees likely do not have a reasonable expectation of privacy when they are at work, accessing the Internet from devices owned by their employer.

The 4th Amendment to the Constitution protects employees privacy at work, regardless of whether they work for a private employer or the government.

QUESTION 3

1. The federal administrative agency that regulates unfair or deceptive advertising on the Internet is the ___fedral trade commission ___________________.

QUESTION 4

1. In the case of Elonis v. United States, the U.S. Supreme Court held that:

Online statements about committing a violent act toward another are never protected speech under the 1st Amendment.

Elonis' conviction for violating the federal crime prohibiting transmission of threats of injury across state line should be affirmed as long as a listener / reader of the statement would reasonably perceive the statement to be a true threat. In other words, it is the listeners' / readers' perception that matters, not the defendant's intent.

Elonis' conviction for violating the federal crime prohibiting transmission of threats of injury across state line could not be affirmed because the government did not prove that Elonis intended the statement at issue to be a true threat. In other words, it is the defendant's intent that matters, not the listeners' / readers' perception.

A defendant cannot be convicted for making a threatening statement, unless that statement is accompanied by an action involving physical harm to another.

QUESTION 5

1. Which of the following is NOT a correct response? COPPA is a federal law that:

is enforced by the FTC.

prohibits Internet operators from collecting information from children under 16 without parental permission.

was enforced in the The Path, Inc. case, resulting in the imposition of a fine against the defendant.

applies to commercial websites, including app

QUESTION 6

1. The federal government has preempted the field of online privacy law, so states may not pass their own online privacy statutes.
2. True
3. False

QUESTION 7

1. Sam Stone is a popular blogger. He often endorses products on his blog. Which of the following statements is true with regard to the FTC Act, Section 5?

If Sam is compensated in cash for endorsing the product, he must disclose this on his blog. However, he does not need to disclose if he is compensated with free products, as his readers likely realize this already.

Sam is required to disclose that he is compensated for endorsing the product, whether he is compensated in cash or through free products.

Sam does not have to disclose anything because he is a private citizen running his own blog. The FTC Act does not apply to him.

Sam only has to disclose that he is compensated if he also sells the endorsed products on his blog.

QUESTION 8

1. The case of Chaney v. Fayette County Public School District held that:

when someone shares a photo with friends on Facebook, he or she cannot justifiably expect that the photo will be kept private, even though his or her settings are set at "semi-private".

the 4th Amendment governs the private sector as well as actions taken by the government.

wiretap laws protect all speakers, not just those with a reasonable expectation of privacy.

"revenge porn" posted on social media is protected speech under the 1st Amendment.

QUESTION 9

1. Sherry, a 12 year-old, visited a website that wanted to know her family size, her parents' educational level, and her weekly allowance. The site also asked for Sherry's name, mailing and email address, and age.

Under COPPA, the website must disclose how it will use the information it acquires from Sherry.

COPPA prohibits the Internet operator from collecting such information under any circumstances.

COPPA does not apply to Sherry's situation since she is over the age limit for those protected by the statute.

Under COPPA, the website may only collect information about Sherry's name and email address.

QUESTION 10

1. Burns Medicine Shop developed a website where customers could ask pharmacists questions and could refill prescriptions online. Which of the following statements is true:

The FTC Act does not require Burns to have a privacy policy. However, if Burns does have such a policy, the FTC requires that it comply with its privacy policy.

The FTC Act requires Burns to have a privacy policy and to comply with its privacy policy.

The Fair Information Practices Guidelines are laws that require Burns to have a privacy policy and to comply with its privacy policy..

The Electronic Communications and Privacy Act of 1986 requires Burns to have a privacy policy and to comply with its privacy policy.

QUESTION 11

1. Data breach laws:

require businesses to notify an individual when that individual is affected by a data breach.

are in force in almost every state.

are aimed at protecting individuals affected by hacking of business and other websites.

all of the above are true.

QUESTION 12

1. Choose the statement that is INCORRECT:

FISA governs the government's collection of foreign intelligence within the United States.

FISA protections for citizens were weakened after 9/11, in reaction to increased concerns about national security.

Was at least initially intended to limit the government's right to conduct covert surveillance ("spy") within the United States.

All of these statements about FISA are correct.

QUESTION 13

1. After Jan's boyfriend broke up with her, she posted sexually explicit photos of him on her Facebook page. The pictures were taken with the boyfriend's consent (when they were dating). However, he did not consent to having them posted. Which of the following is a true statement?

Since the boyfriend consented to be in the photographs, Jan's actions are legal in every state.

Even though the boyfriend consented to be in the photographs, Jan's actions are illegal in every state.

Even though the boyfriend consented to be in the photographs, Jan's actions are illegal in some states.

Since Jan has freedom of expression under the 1st Amendment to the Constitution, the government (state and federal) cannot regulate her right to post on her own social media.

QUESTION 14

1. Last spring, the House of Representatives passed a bill intended to ensure net neutrality. Which of the following is a correct statement?

The House of Representatives passed the bill.

The bill has stalled in the Senate, with no recent action.

The bill is also known as the "Save the Internet Act of 2019".

All of the above are true.

QUESTION 15

1. Under President_Obama______________ the FTC passed regulations to require net neutrality; under President____Trump________ the FTC has repealed these regulations

QUESTION 16

1. Despite its name the Electronic Communications Privacy Act does not actually afford employees at work very much privacy with respect to their electronic communications.
2. True
3. False